Sometimes people who lease space and stay there break the rules of a lease agreement and do not pay rent in a required period. In this case, a landlord who owns the rented space should send a document that is called an eviction notice. If you are looking for California eviction notice templates, you have come to the right place and may download the form here.
In California, not only a landlord may send such a notice. A tenant also has the right to do so, for example if he or she has faced an act of domestic violence while being in the leased premises.
Most cases when an eviction notice occurs in California are the following:
And other common cases.
The terms in which sides should send to each other eviction notices in California vary and depend on the type of the notice. There are six types of eviction notice template in California, and all of them are used in different cases.
Laws dedicated to eviction processes in this state are included in the Code of Civil Procedure of California: the majority of them may be found in Chapter 4 that is tied to the real property leasing and obtaining.
Laws related to real property are also stated in Division 2 and Division 3 of the California Civil Code.
As you already know, every situation requires a specific template of such notice. In California, among the eviction notice types, you may find the following:
60-Day Notice to Quit
This notice is recommended if an owner has decided to empty the property that he or she had leased. It is possible to send such notice only in a certain case: there should be a month-to-month lease agreement, and a tenant should stay in the property for over one year. The notice should arrive at a tenant in no less than 60 days before the date of the eviction.
30-Day Notice to Quit
This form of notice is used for the same situation and same agreement, but the condition is a bit different: a tenant should stay in the rented premises for less than one year. A tenant should receive this notice no less than 30 days before the eviction date.
3-Day Notice to Quit (When the Rent Was Not Paid)
If a renter has not transferred the rent payment to an owner, an owner may send this notice but no less than three days before a renter should leave.
3-Day Notice to Quit (for Non-Compliance That Is Incurable)
If a tenant does something that contradicts the conditions stated in a lease agreement and it is not fixable, a landlord can notify about a tenant’s eviction with such a notice three days before the day of eviction.
3-Day Notice to Quit (for Curable Non-Compliance)
If a tenant breaks any other rule of a lease agreement (but not delaying payment for rent) and can fix it in a period of three days, a landlord may send this notice three days before the eviction day.
14-Day Notice to Quit (For Victims of Domestic Violence)
If a tenant has become a victim of domestic violence, sexual assault, or stalking while being inside the leased premises, he or she may notify a landlord about leaving the property and a contract termination with this form.
Here are the instructions that describe how to complete a process of eviction in California if you are the landlord.
Choose the relevant template of an eviction notice, fill it out, and deliver it to a renter.
In case a renter has not answered anything after the notice was delivered, a landlord may apply to court. Start preparing the required forms that we have listed below. Get ready to pay the required fees.
If you have started an application process in court, you should send the copies of the forms to a renter (via a civil process server of California).
A renter will have five days to answer you. If it has not happened, proceed to the following step.
In case a renter has not responded, a judgment may be asked by default. As an owner of the leased space, you have to submit three more documents in court, including a writ of possession, a judgment for unlawful detainer, and a request for entry and default judgment. After this, your request should be granted in court.
After the court approval, you may apply to a sheriff’s office in your area to finish the renter’s eviction.
In California, an eviction process through court is associated with the following forms:
It is a form that notifies about the beginning of the legal case.
A document that includes full details and reasons why the eviction should occur.
This paper goes together with a complaint. Public authorities in California use it to include your case in official statistics in California.
A tenant may respond with this document when he or she receives the notice from an owner.
This paper should be filled out when a complaint and summons are delivered to a renter. A clerk of the court should receive a copy, too.
A form that a landlord provides to a sheriff to complete an eviction process.
An application to court when all required forms for the setting of the case were submitted.
A document that states the result of a court process.